The main hearing 



Tribunal hearings take place in public. Very occasionally, for example, in some cases that involve allegations such as sexual misconduct, a tribunal can agree to anonymity or to a restricted reporting order, and for the claim to be heard in private. 



At an early stage, the tribunal allots a fixed number of days in the tribunal calendar for the trial. Judges are strongly encouraged not to allow cases to overrun their allotted time. The judge has the power to cut off too long or unnecessary oral evidence, questioning and submissions, or to stop a party who has used up their allotted time. 



Tribunals must demonstrate an absence of bias and must allow both parties to state their case and respond to any allegations against them. Tribunals must deal with the case based on the evidence before them and not take into account other evidence that was not considered in the hearing (East of England Ambulance Service v Sanders [2014] UKEAT 0217/14/1710). 



Claimants have the right to be represented by an individual of their choice (Bache v Essex CC [2000] IRLR 251), or to represent themselves. 



Tribunal judges must ensure both sides have equal access to the tribunal. However, in practice, there is often a serious level of inequality between them, in terms of both representation and legal knowledge. Judges must carefully balance the capabilities of each side, and must offer support to unrepresented litigants where needed. However, judges must remain impartial and are not supposed to advise poorly represented or unrepresented litigants how best to conduct their case (Drysdale v The Department of Transport [2014] EWCA Civ 1083). All litigants, even if unrepresented, are expected to make their own case, for example by explaining their arguments and cross-examining the employer’s witnesses. The tribunal will not make their case for them (Gallop v Newport City Council [2016] UKEAT/0118/15/DM). 



Each party can call witnesses to support their claim. If necessary, a claimant can ask the tribunal to issue a witness order compelling a witness to attend. In general, witness orders should not be used to compel an unwilling witness. This is because you cannot be sure what they are going to say, and their evidence may not help your case. 



It is a criminal offence to record any tribunal hearing, for example, by using a smart phone. This includes a preliminary hearing over the phone.